Former Terra founder Do Kwon has successfully appealed his extradition with a high court in Montenegro and won.
Do Kwon Wins Appeal
In a significant turn of events, the Montenegro Appeals Court rejected the decision by the High Court of Podgorica approving the extradition of Terra founder Do Kwon to either the U.S. or South Korea. The rejection comes as a relief for Kwon, who has been on the run since the collapse of Terra and subsequent charges related to document forgery.
The collapse of Terraform Labs in May 2022 led to a legal battle for Do Kwon, who is facing extradition requests from both the U.S. and South Korea. The Montenegro High Court initially approved the extradition on November 24, 2023, citing legal prerequisites met. However, Kwon’s swift appeal challenged the decision, seeking an extension and a reconsideration of his fate.
Procedural Flaws, Lack of Clarity
Tuesday’s order reveals that Kwon’s defense successfully appealed the initial decision, leading the Appeals Court to order the case’s return to the Podgorica Basic Court for retrial.
The basis for nullifying the approval stems from Kwon’s defense argument that the initial ruling lacked clarity on crucial factors and requires a renewed examination and decision.
The Appeals Court highlighted procedural flaws in the extradition process. The court noted that, while Kwon responded to the South Korean request, a similar hearing for the U.S. request had not taken place.
The court found this discrepancy to be a violation of Article 16, paragraph 8 of the Law on International Legal Assistance in Criminal Matters, which mandates informing the person being requested for extradition promptly and providing clear reasons and evidence.
Implications for Do Kwon
The approval of Kwon’s appeal provides a temporary reprieve for the crypto mogul. By gaining an extension through the successful appeal, Kwon continues to evade the impending legal proceedings in both South Korea and the United States. The charges against him include multiple counts of market law violations and customer defrauding related to the collapse of Terraform Labs.
If the courts eventually approve Kwon’s extradition, the final decision rests with the country’s Minister for Justice. The rejection of the initial extradition approval sets the stage for a retrial, introducing an element of uncertainty into Do Kwon’s fate.
In the complex legal saga surrounding Do Kwon, the rejection of the extradition decision by the Montenegro Appeals Court marks a pivotal moment. As the legal battle continues, the crypto community watches closely, awaiting the next chapter in the story of the fallen crypto tycoon.
Disclaimer: This article is provided for informational purposes only. It is not offered or intended to be used as legal, tax, investment, financial, or other advice.
